Land claims lodged between 1 July 2014, 28 July 2016 not to be processed

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The Constitutional Court has ruled that no land claims lodged between the 1 July 2014 and the 28  July 2016 will be processed, until old claims have been finalised.

This is unless Parliament enacts a new law or the matter is referred to the Land Claims Court.

The ConCourt has dismissed Parliament’s application for an extension of a further eight months, to the period within which it had to re-enact the Restitution of Land Rights Amendment Act.

The Court declared the now repealed Amendment Act to be invalid in July 2016.

The Speaker of the National Assembly and the Chairperson of National Council of Provinces have been jointly ordered to pay the costs of the failed court challenge.

“The Commission on Restitution of Land Rights is prohibited from processing in any way any claims lodged in terms of Section 10 of the Restitution of Land Rights Act 22 of 1994 between 1 July 2014 and 28 July 2016 until the earlier of the dates when it has settled or referred to the Land Claims Court all claims lodged on or before 31 December 1998,” says Justice Nonkosi Mhlantla.

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